BILL NUMBER: SB 1106	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leyva

                        FEBRUARY 17, 2016

   An act to add Sections 18700.1, 18700.2, and 18700.3 to the Health
and Safety Code, relating to mobilehome parks, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1106, as introduced, Leyva. Mobilehome parks.
    Existing law, known as the Mobilehome Parks Act, generally
regulates various classifications of mobilehome and related vehicle
parks. The Special Occupancy Parks Act generally regulates special
occupancy parks. Both acts impose related duties on the Department of
Housing and Community Development and local enforcement agencies.
Existing law provides that any person who willfully violates the act,
related building standards, or other related rules and regulations
adopted by the department is guilty of a misdemeanor, subject to
suspension or revocation of permits issued under the act, and liable
for a civil penalty for each violation or for each day of a
continuing violation. Existing law requires all fees or other moneys
accruing to the department to be deposited into the
Mobilehome-Manufactured Home Revolving Fund, which is continuously
appropriated to the department for carrying out the provisions of the
act.
   This bill would authorize the Director of Housing and Community
Development or a local enforcement agency that has assumed
jurisdiction to issue citations that assess additional civil
penalties to any owner or operator, or both, of a mobilehome park,
special occupancy park, or registered owner of a manufactured home,
mobilehome, or recreational vehicle, or other responsible party when
he or she has permitted the continuation of a violation for at least
30 days after the expiration of a notice to correct the violation or
violations from the enforcement agency. The bill would prescribe the
amounts of those penalties and provide for a hearing on the
citations. By increasing revenues deposited into a continuously
appropriated fund, this bill would make an appropriation.
   The bill would prescribe procedures for petitioning the department
to review and investigate the enforcement activities of the local
enforcement agency regarding the citation. Any hearing held pursuant
to these procedures would not be subject to the Administrative
Procedure Act.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18700.1 is added to the Health and Safety Code,
to read:
   18700.1.  (a) In addition to other remedies provided in this part,
the Director of Housing and Community Development or his or her
designee, or an employee authorized by a local enforcement agency
that has assumed jurisdiction pursuant to Section 18300, may issue a
citation that assesses a civil penalty to any owner or operator, or
both, of a mobilehome park or registered owner of a manufactured
home, mobilehome, or recreational vehicle, or other responsible party
who violates this part or regulations adopted pursuant to this part,
if the owner or operator, or both, or registered owner of a
manufactured home, mobilehome, or recreational vehicle, or other
responsible party has permitted the continuation of a violation for
at least 30 days after the expiration of a notice to correct the
violation or violations from the enforcement agency. Each citation
and related civil penalty assessment shall be issued no later than
seven months after issuance of the notice to correct that is the
basis of the citation. The penalties provided for in this section are
in addition to the penalties specified in Section 18700.
   (b) (1) The amount of a civil penalty assessed pursuant to
subdivision (a) shall be one hundred dollars ($100) for each
violation that the enforcement agency determines is a hazard
constituting an unreasonable risk to life, health, or safety, but
shall be increased to two hundred fifty dollars ($250) for each
subsequent violation of the same prohibition for which a citation for
the subsequent violation is issued within one year of the citation
for the previous violation.
   (2) The amount of a civil penalty assessed pursuant to subdivision
(a) shall be two hundred dollars ($200) for each violation that the
enforcement agency determines is an imminent hazard representing an
immediate risk to life, health, and safety and requiring immediate
correction, but shall be increased to five hundred dollars ($500) for
each subsequent violation of the same prohibition for which a
citation for the subsequent violation is issued within one year of
the citation for the previous violation.
   (3) The civil penalties assessed pursuant to this section shall be
payable to the enforcement agency, notwithstanding any other
provision of law. Whether or not the violation or violations, if
applicable, giving cause for the citation are corrected, payment of
the civil penalty shall be remitted to the enforcement agency within
45 days of the issuance of the citation.
   (c) Any person or entity served a citation pursuant to this
section may petition the director or his or her designee or the
authorized representative of the local enforcement agency, where
applicable, to dismiss or modify the citation. The petition shall be
a written request briefly stating the grounds for the request. Any
petition to be considered shall be received by the department or the
local enforcement agency within 30 days of the date of issuance of
the citation.
   (d) (1) Upon receipt of a timely and complying petition, the
enforcement agency shall suspend enforcement of the citation and set
a time and place for an informal hearing and shall give the recipient
of the citation written notice thereof.
   (2) The hearing shall commence no later than 30 days following
receipt of the petition or at another time scheduled by the
enforcement agency pursuant to a request by the petitioner or the
enforcement agency, if the enforcement agency determines that good
and sufficient cause exists.
   (3) If the petitioner fails to appear at the time and place
scheduled for the hearing, the enforcement agency may notify the
petitioner in writing that the petition is dismissed and that
compliance with the terms of the citation is required within 10 days
after receipt of the notification.
   (e) The enforcement agency shall notify the petitioner in writing
of its decision and the reasons therefor within 30 days following
conclusion of the informal hearing held pursuant to this section. If
the enforcement agency upholds the citation, in whole or in part, the
petitioner shall comply with the citation in accordance with the
decision within 30 days after the decision is mailed by the
enforcement agency.
  SEC. 2.  Section 18700.2 is added to the Health and Safety Code, to
read:
   18700.2.  (a) A mobilehome park owner or operator, or the
registered owner of a manufactured home, mobilehome, recreational
vehicle, or other responsible party, who (1) has received a citation
with civil penalties issued pursuant to Section 18700.1 by an
enforcement agency other than the department, and (2) has received a
final, formal order from the enforcement agency following an informal
hearing on a submitted petition, shall be entitled to petition the
department to review and investigate, as necessary, the enforcement
activities of the local enforcement agency.
   (b) The petition shall be in writing and shall include the
following:
   (1) A copy of the original notice of violation, and citation.
   (2) A copy of the enforcement agency's written determination, if
an informal hearing was held.
   (3) A copy of the enforcement agency's final formal order.
   (4) A clear and concise explanation of the issues that the
petitioner continues to dispute.
   (c) The department shall consider the petition in conjunction with
the department's responsibility to monitor local enforcement
activity pursuant to Section 18306.
   (1) Within 60 working days of the receipt of the petition, the
department shall review the petition and provide the petitioner with
written notice of whether the activities of the local agency require
investigation by the department.
   (2) If the department has determined that the activities of the
local agency require investigation by the department, the written
notice to the petitioner shall provide a timeframe for the
investigation.
   (3) If the department investigates the enforcement activities of a
local agency in response to one or more petitions provided pursuant
to subdivision (a), the department shall notify each petitioner
within 60 days of the results of the department's investigation.
   (d) If the department finds that the notice of violation,
citation, written determination, or final, formal order issued by the
local enforcement agency reflects nonenforcement of the law, the
department shall initiate corrective action pursuant to subdivision
(d) of Section 18300. This corrective action shall include, but not
be limited to, cancellation of the civil citation.
  SEC. 3.  Section 18700.3 is added to the Health and Safety Code, to
read:
   18700.3.  Notwithstanding any other provision of law, any hearing
held pursuant to Section 18700.1 or 18700.2 shall not be subject to
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code.